| Court: | Wisconsin Circuit Court |
| Facts: | Overprotective mother gets hit with bat and strangled by son. Son tries to say that anyone would have done likewise, because she was such a pain. |
| Posture: | Conficted of first degree murder, sentenced to life. |
| Issue: | Was it error not to instruct on manslaughter? |
| Holding: | No. This is not factually analogous to Felton |
| Rule: | Objective element (was the provocation sufficient), subjective element (did it affect the defendant's state of mind)? |
| Reasoning: | |
| Dicta: | Dissenting opinion: Should have focused on where there was first-degree intent. |